Last week, we reported a federal appellate decision finding that an employee who insisted on working remotely failed to demonstrate a violation of the Americans with Disabilities Act because he would not consider alternative in-person measures proposed by the employer. A new decision from the U.S. Court of Appeals for the D.C. Circuit deals with opposite facts where an employee offered remote work claimed a right to an in-person accommodation.

In Ali v. Regan, the plaintiff was an Environmental Protection Agency (EPA) employee with a severe allergy to perfume and other scents. He requested that he be provided with a private office to avoid a coworker’s perfume and was initially provided this accommodation. When the EPA later offered him full-time remote work as an alternative, the plaintiff refused, stating that this arrangement would not provide him with a similar work experience. He sued, claiming violation of the Rehabilitation Act, which is interpreted similarly to the ADA.

In a 2-1 decision, the D.C. Circuit reversed a grant of summary judgment for the EPA remanding the suit for trial. The majority opinion said that the jury must determine whether remote work provided a reasonable accommodation, meaning that it may not have allowed the employee to enjoy the same terms and conditions of employment as his non-disabled colleagues. The dissenting judge noted that the private office likely would not have significantly improved the plaintiff’s exposure to allergens.

In the prior case, the court determined that employers have the right to choose among effective accommodations, even if that means rejecting the one preferred by the employee. This decision demonstrates that the employer must demonstrate that its chosen measure is reasonable and affords the worker with an equivalent work experience. This may be a difficult balance to navigate, and employers should engage in careful review of all alternatives before deciding which option to follow.

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